Press Information Bureau

30.03.2017

Environment

Environment Minister Launches Online Filing of Access and Benefit Sharing Applications

MANU/PIBU/0272/2017

Taking yet another important step towards contributing to and promoting Digital India and Ease of Doing Business, Minister of State (Independent Charge) of Environment, Forest and Climate Change, Shri Anil Madhav Dave, launched the online filing of Access and Benefit Sharing (ABS) applications through videoconferencing, here today. Emphasising that the meaning of good governance lies in making processes transparent, Shri Dave said that the Prime Minister, Shri Narendra Modi, inspires everyone to embrace E-governance. The Environment Minister expressed the hope that E-governance will be made 100% operational in the near future and all the processes of the Ministry will be made fully transparent.

Speaking on the occasion, Secretary, Ministry of Environment, Forest and Climate Change, Shri Ajay Narayan Jha, said that digital technology must be accessed not only to promote Ease of Doing Business, but also to facilitate transactions for the general public. Shri Jha expressed the hope that NBA will put all the other processes in a digital format, so that the people who used these services are served in a better manner.

The National Biodiversity Authority (NBA), teamed up with the National Informatics Centre (NIC), to launch the Online Filing of Access and Benefit Sharing (ABS) Applications at - www.nbaindia.org - to enable E-filing of applications. Applications seeking such approval are to be made on the appropriate forms available online. If Indian or foreign individuals and entities like registered companies wish to access biological resources and associated knowledge to carry out various activities, prior approval of NBA, or the State Biodiversity Boards is a pre-requisite. NBA will adhere to stipulated timelines to process applications. With the process being made online, the attempt is to address these issues better and also to keep pace with digitisation.

The online portal is in sync with the Government's policy of "Digital India". The NBA website hosts the detailed procedure to be observed for filing of applications, the key information required and information regarding the supporting documents that are to be filed by applicants. This online process is user-friendly and has salient features such as editing, reviewing, printing, digital signature, online payment of fee. These features are expected to considerably reduce the processing time of applications. For any new user, the portal provides a step-by-step guide, right from choosing the relevant form, to submission. Tool tips/pop up messages are provided to assist the applicants in filling up the columns in the application. The portal also provides the facility for making online payment of application fee before submission of the application. Once the online portal is fully operational, it is expected to ease the submission of application and speed-up the process of granting approvals by NBA. As part of "Digital India" policy, Genetic Engineering Approval Committee (GEAC) website will also accept online application, which will help in tracking applications and reducing delays.

The primary factor to be ascertained before filing any application in NBA is to identify whether the applicant is dealing with a biological resource, as defined by the Biological Diversity Act. Applications are scrutinized at different levels, before the Authority decides to grant approval. Till date, over 1, 600 applications have been received and 980 applications have been cleared. A total of 440 agreements have been signed by the NBA with the applicants, which is construed as an approval.

In the past, a large number of applications could not be processed, as they lacked important information/documents needed for scrutiny.

The National Biodiversity Authority (NBA) is a statutory body established under the provisions of the Biological Diversity Act (2002). NBA performs facilitative and advisory functions for the Government of India on issues of conservation, sustainable use of biological resources and fair and equitable sharing of benefits arising out of the use of biological resources.

Additional Secretary, MoEFCC, Smt. Amita Prasad and senior officers of the Ministry and NIC officials were also present at the launch of the portal. Chairperson, NBA, Dr (Ms) B Meenakumari, and Secretary, NBA, Shri T Rabikumar, along with NIC officials joined the launch of the portal from Chennai through videoconferencing.

Tags : Launch Online filing Application

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Press Information Bureau

30.03.2017

Commercial

Ministry of Corporate Affairs issues fresh notifications wherein, the Central Government intends to provide clarity on the applicability of the threshold exemption limits to all forms of combinations

MANU/PIBU/0271/2017

The Ministry of Corporate Affairs (MCA) has undertaken a major reform in the regulation of combinations under the Competition Act, bringing India in line with the global practice. The Act which was passed by Parliament in 2002 had initially provided for notice of combinations to be given by enterprises, as per Section 5 of the Act, on a voluntary basis. However, this Section was amended in 2007 making the notice mandatory.

In 2011, in response to concerns expressed by various stake holders, the Government had issued a notification exempting an enterprise, whose control, shares, voting rights or assets are being acquired has either assets of the value of not more than Rs. 250 crores in India or turnover of not more than Rs. 750 crores in India from the applicability of Section 5 of the Competition Act, 2002, for a period of 5 years. These limits were enhanced to Rs. 350 crores and Rs. 1000 crores, respectively, in March, 2016.

It was, however, noted by the Government that the said notification was being applied to Combinations which resulted only from acquisition but was not extended to Merger/Amalgamation and Acquiring of Control Cases. It was also noted that where only a segment/portion/business of an enterprise was being combined with another enterprise, the relevant assets and turnovers attributable to the target segment/portion/business were not being considered and instead the transferor's total assets and turnover were being considered for determining the applicability of the exemption.

Stakeholders had been voicing their concerns over the issue and in keeping with the Government's principle of Minimum Government and Maximum Governance, the Ministry has issued fresh notifications No. S.O. 988 (E) and No. S.O. 989(E) dated 27.03.2017 wherein, the Central Government intends to provide

(i) Clarity on the applicability of the threshold exemption limits to all forms of combinations as referred under Section 5 of the Act.

(ii) Clarity on the methodology to be adopted for calculating the relevant assets and turnover of the target when only a portion or segment or business of one enterprise is being combined with another.

With the issue of these notifications, combinations falling within the threshold limits would not require to be filed before the Competition Commission of India. The reform is in pursuance of the Government's objective of promoting Ease of Doing Business in the country and is expected to make India a more attractive destination for Foreign Direct Investment. The notification is expected to enable greater freedom to industry in taking legitimate business decisions towards further accelerating India's economic growth.

Tags : Exemption limits Notifications Clarity

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Insurance Regulatory and Development Authority

30.03.2017

Insurance

Clarification on Regulation 6(d)(ii), 6(e)(ii) and 5(f) of the IRDAI 's (Payment of commission, remuneration or reward to insurance agent or insurance intermediaries) Regulations, 2016

MANU/IRDA/0010/2017

Attention is drawn to Reg 6(d)(ii) and 6(e)(ii) of IRDAI 's (Payment of commission, remuneration or reward to insurance agent or insurance intermediaries) Regulations, 2016.

The Authority has received representation from the industry seeking clarification whether the reward is linked to every policy sold by an agent or an insurance intermediary. The Chairman, IRDAI under the powers vested under Regulation 9 of the aforesaid regulations issues the following clarification:

1. It is hereby clarified that under Regulation 6(d)(ii) the reward not being more than 20% of the first year commission or remuneration paid to insurance agents and insurance intermediaries is not linked to each and every life insurance policy solicited or total first year commission earned by an insurance agent or an insurance intermediary.

2. Like-wise under Regulation 6(e)(ii) the reward not being more than 30% is to be calculated separately for health insurance and other than health insurance for insurance agents and insurance intermediaries. Also, the reward is not linked to each and every policy solicited or total commission earned by an insurance agent or an insurance intermediary.

3. Further it is clarified that the insurance intermediaries (whose revenues from insurance intermediation is equal to or more than fifty percent of their total revenue from all the activities) are:

i) entitled to rewards which is calculated only on the remuneration paid to all such insurance intermediaries (whose revenues from insurance intermediation is equal to or more than fifty percent of their total revenue from all the activities) by an insurer in a financial year and

ii) not entitled to any other reward

4. Regulation 5(f) of the IRDAI 's (Payment of commission. remuneration or reward to insurance agent or insurance intermediaries) Regulations, 2016 - It is also clarified that the maximum rate of commission or remuneration payable by an insurer shall not exceed either:-

i) The maximum specified by these regulations; or

ii) Any other rate of commission or remuneration approved by the Authority under any other Regulations or guidelines whichever is lower.

Tags : Regulation Clarifications Commission remuneration

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Press Information Bureau

29.03.2017

Commercial

Inauguration of the new Premises of Insolvency and Bankruptcy Board of India in national capital

MANU/PIBU/0270/2017

The Minister of State for Finance and Corporate Affairs, Shri Arjun Ram Meghwal that the Insolvency and Bankruptcy Code, 2016 is a key economic reform that will facilitate ease of doing business and promote economic growth. He appreciated the progress so far made by the Ministry of Corporate Affairs and the IBBI to implement this reform. He advised that this reform should be suitably disseminated at international fora. He emphasized that a regulator is duty bound to guide and steer the market forces in the right direction, and not be intrusive. Shri Meghwal was speaking after inaugurating the new premises of the Insolvency and Bankruptcy Board of India (IBBI) in Delhi today. The IBBI is now located at 7th Floor, Mayur Bhawan, Shankar Market, Connaught Place, New Delhi 110 001. It was earlier functioning-out of the CMA Bhawan, Lodhi Road, New Delhi.

Speaking further on the occasion, the Minister of State for Finance and Corporate Affairs, Shri Meghwal further said that Shri Atal Bihari Vajpayee, former Prime Minister of India, had said that Asia is slated to lead the world economy in the 21st century. He also stated that Dr. A. P. J. Abdul Kalam, former President of India, had envisioned India leading the world in the 21st century. He said that the Government is confident that India will attain such commanding position and it has been building right kind of institutions and undertaking appropriate reforms towards this end.

Welcoming the guests to the event, Chairperson, IBBI, Dr. M. S. Sahoo, stated that the IBBI is a unique regulator. It combines the role of a regulator of profession as well as of transactions. Unlike other professions where the regulator only develops and regulates the profession, the IBBI also writes rules of transactions undertaken by the professionals. He also stated that regulator is a mini state and accordingly, the IBBI has created three separate wings, namely, Research and Regulation Wing, Registration and Monitoring Wing and Administrative Law Wing.

Shri Arjun Ram Meghwal, MOS (Finance &Corporate Affairs): Insolvency and Bankruptcy Code, 2016 is a key economic reform that will facilitate ease of do.

The Insolvency Bankruptcy Code, 2016 provides a market determined, time bound mechanism for orderly resolution of insolvency, wherever possible, and ease of exit, wherever required. The IBBI is a key element of the ecosystem that implements the Insolvency and Bankruptcy Code, 2016. It was established on 1st October, 2016. It has the following broad responsibilities:

a. Regulation and development of transaction processes and practices (Corporate Insolvency, Corporate Liquidation, Individual Insolvency and Individual Bankruptcy),

b. Registration and regulation of service providers (Insolvency Professionals, Insolvency Professional Agencies and Information Utilities),

c. Oversight and Enforcement (Surveillance, Investigation, Grievance Redressal and adjudication) of transactions and service providers, and

d. Professional development (Education, Examination, Training, and Continuing Professional Education).

The IBBI has issued the following five market related regulations:

a. the IBBI (Model Bye-laws and Governing Board of Insolvency Professional Agencies) Regulations, 2016,

b. the IBBI (Insolvency Professional Agencies) Regulations, 2016,

c. the IBBI (Insolvency Professionals) Regulations, 2016,

d. the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, and

e. the IBBI (Liquidation Process) Regulations, 2016.

Under these regulations, there are three registered Insolvency Professional Agencies, namely, Indian Institute of Insolvency professionals of ICAI, ICSI Insolvency Professionals Agency, and Insolvency Professional Agency of Institute of Cost Accountants of India. There are 977 insolvency professionals who are registered for a limited period of six months. There are also 88 insolvency professionals, who have passed limited insolvency examination and have permanent registration. There are two recognised insolvency professional entities which provide organisational support to professionals. For information utilities, the work has started and the regulations are likely to be notified soon. The entire ecosystem required for corporate insolvency resolution and liquidation is in place. Transactions have commenced from 1st December, 2016. About 100 applications for corporate insolvency resolution have been filed with NCLT so far of which about 20 have been admitted.

Tags : New premises Board Inauguration

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Telecom Regulatory Authority of India

29.03.2017

Media and Communication

TRAI releases recommendations on "Sharing of Infrastructure in Television Broadcasting Distribution Sector"

MANU/TRAI/0028/2017

1. The Telecom Regulatory Authority of India (TRAI) has today released its Recommendations on "Sharing of Infrastructure in Television Broadcasting Distribution Sector".

2. The Television (TV) broadcasting sector has witnessed tremendous growth in the last decade. There has been an exponential increase in the number of satellite TV channels. In India, the satellite TV channels are predominantly distributed using Cable TV, Direct to Home (DTH), and Head-End in the Sky (HITS) networks to subscribers. At present, there are 7 DTH operators, more than 1200 Multi System Operators (MSOs), and 2 HITS operators in the country.

3. The Ministry of Information and Broadcasting (MIB) had sent a reference dated 29th April 2016 requesting TRAI to examine the issue of the infrastructure sharing by MSOs, LCOs and HITS operators and provide its recommendation to the Government. MIB had also sought recommendation of the Authority on the amendment that may be required in the Cable TV Networks (Regulation) Act 1995 and Rules made there under to facilitate the infrastructure sharing.

4. The Authority examined the issues in sharing of infrastructure in TV broadcasting distribution sector comprehensively for all types of predominant TV broadcasting distribution networks. In this connection, TRAI undertook a comprehensive consultation with the stakeholders by issuing pre-consultation paper, consultation paper, and conducting open house discussion with them. After considering the comments, counter-comments, and views expressed by the stakeholders during the consultation process, the Authority has finalized its recommendations on "Sharing of Infrastructure in Television Broadcasting Distribution Sector".

5. The objectives of these recommendations are to ease up policy environment for facilitating sharing of infrastructure in TV broadcasting distribution sector, on voluntary basis. The sharing of the infrastructure in TV broadcasting distribution sector would not only help in enhancing available distribution network capacities but also would result in reduced Capital Expenditure (CAPEX) and Operative Expenditure (OPEX) for the service providers thereby bringing down the price of broadcasting services to subscribers. In addition, it would lower the entry barriers for new service providers and provide more space on broadcasting distribution networks for niche channels - necessary for satisfying the diverse needs of general public - to reach targeted customers. Lowering of entry barriers in the distribution space could propel competition in the market and more choices to consumers due to presence of multiple operators in single territory.

6. The salient features of these recommendations are as follows:-

(i) The Central Government should encourage sharing of infrastructure, wherever technically feasible, in TV broadcasting distribution network services, on voluntary basis.

(ii) On voluntary basis, sharing of head-end used for cable TV services & transport streams transmitting signals of TV channels, among MSOs, should be permitted.

(iii) To enable sharing of head-end used for cable TV services, the MSO registration condition regarding 'having an independent digital head-end of his own and provide digital addressable cable services from his head-end' should be suitably amended so as to allow sharing of head-end.

(iv) The HITS operator and MSOs should be allowed to share the HITS platform, on voluntary basis, in flexible ways, for distribution of TV channels. The sharing of transport streams transmitted by HITS platform, between HITS operators and MSOs, should be permitted.

(v) To ensure efficient use of scarce satellite resources, the DTH operators, willing to share DTH platform and transport stream of TV channels, on voluntary basis, should be allowed to do so with prior written intimation to MIB and TRAI.

(vi) The distributors of TV channels should be permitted to share the common hardware for their Subscriber Management Systems applications and Conditional Access Systems applications.

(vii) While sharing the infrastructure with another distributor of TV channels, the responsibility of compliance to the relevant Acts/ rules/ regulations/ license/ orders/ directions/ guidelines would continue to be of each distributor of TV channels independently.

Tags : Infrastructure Sharing recommendations

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Press Information Bureau

27.03.2017

Labour and Industrial

Government takes a number of measures to promote Country's performance in 'Ease of Doing Business'

MANU/PIBU/0263/2017

The Ministry of Labour and Employment has taken steps for drafting four Labour Codes on Wages; Industrial Relations; Social Security & Welfare; and Safety and Working Conditions respectively, as per recommendation of the Second National Commission on Labour, by simplifying, amalgamating and rationalizing the relevant provisions of the existing Central Labour Laws.

It has been decided that an informal Group of Ministers headed by Minister of Finance & Corporate Affairs, and with Minister of Road, Transport & Highways and Shipping; Minister of Law and Justice and Electronics & Information Technology; Minister of Steel; Minister of State (Independent charge) for Labour& Employment; Minister of State (Independent charge) for Petroleum & Natural Gas; Minister of State (Independent charge) for Power, Coal and New & Renewable Energy as members, will examine the draft Codes on Wages' Bill and Industrial Relations' Code Bill before it is formally considered for approval by the Government. The informal Group of Ministers has met twice on 30.12.2015 and 08.03.2017 to discuss the draft Codes.

The process of Legislative reforms includes consultation with stakeholders including Central Trade Unions, Employers' Association and State Governments in the form of tripartite consultation. The draft Codes on Wages and Industrial Relations were accordingly considered in tripartite consultation meetings where representative of the Central Trade Unions participated and gave their suggestions which were appropriately considered. Such tripartite Consultation for Code on Wages was held on 10.03.2015 and 13.04.2015 and for Industrial Relations Code was held on 06.05.2015 and 06.10.2015.

Ministry of Labour & Employment has taken a number of measures to promote Country's performance in 'Ease of Doing Business' which include:-

1. Registration process for EPFO and ESIC are fully online on realtime basis.

2. Common Registration Service, for registration under 5 Central Labour Laws, has been provided on e-biz Portal.

3. Shram Suvidha Portal, launched by the Ministry on 16.10.2014, has facilitated Single Online Annual Return under 9 Central Labour Acts.

4. The Shram Suvidha Portal also provides facility for Common Monthly Return for EPFO and ESIC.

5. Ministry has also notified "Ease of Compliance to maintain Registers under various Labour Laws Rules, 2017" on 21st February 2017 which has in effect replaced the 56 Registers/Forms prescribed under 9 Central Laws and Rules made thereunder into 5 common Registers/Forms. This will save efforts, costs and lessen the compliance burden by various establishments.

Tags : Measures Promotions Business

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Press Information Bureau

27.03.2017

Labour and Industrial

Enforcement of Various Labour Laws in Central Sphere

MANU/PIBU/0261/2017

A well-established Central Industrial Relations Machinery (CIRM) is in place to enforce various labour laws in Central Sphere. The country-wide network of Dy. Chief Labour Commissioners and Regional Labour Commissioners under the control of Chief Labour Commissioner (Central) is mandated to settle the complaints/claims in regard to grievances/complaints arising out of the enforcement of various labour laws. For effective implementation of various labour laws, regular inspections are conducted by the Officers of Central Industrial Relations Machinery (CIRM). The Ministry has also mandated inspections to be done through the Shram Suvidha Portal in a time bound manner to minimize discretion and for more transparency. Also, special drives of inspection are conducted. Besides, a grievance redressal mechanism exists in the States/UTs in respect of the grievances pertaining to establishment coming under the State Sphere.

Tags : Machinery Labour Laws Enforcement

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